Free Complaint - District Court of Delaware - Delaware

NS 44 (RW 3/99) Case 1 :05-cv-00916-TI\EiVIQAo€t($1pEli-§HEEjlpd 12/29/2005 Page 1 of 3
The JS-44 civil cover sheet and the information contained herein neither re lace nor su lement the filin and service of leadin s or other a ers as required bw
. . P _ _ PP S _ , P g _P P _ .
law, except as provided bly local rules of court. This form, approved by the Judicial Conference ofthe United States in Septem er 1974, is requ1red for the ust
of the Clerk of Court for t e purpose of initiating the civil doc et sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
I. (a) PLAIN TIFFS DEFENDAN TS
THOMAS S. NEUBERGER THOMAS P. GORDON, SHERRY L. FREEBERY,
CHRISTOPHER A. COONS, DAVID W. SINGLETON,
and NEW CASTLE COUNTY
(b) County of Residence New Castle County of Residence of First
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED.
(C) Attorney’s (Firm Name, Address, and Telephone Number) Attorneys (If Known)
THE NEUBERGER FIRM, P . A .
Two East Seventh Street, Suite 302
Wilmington, DE 19801 (302) 655-0582
II. BASIS OF JURISDICTION (Place an ··x·· in One Bert onty) HI. CITIZEN SHIP OF PRINCIPAL PARTIES(1>1aee an “x·> in One Bert for maint
(For Diversity Cases Only) and One Box for Defendant)
DEF DEF
EI 1 U.S. Government X 3 Federal Question Citizen of This State I] 1 EI 1 Incorporated or Principal EI 4 I] 4
Plaintiff (U.S. Government Not a Party) of Business In This State
I] 2 U.S. Government I] 4 Diversity Citizen of Another D 2 EI 2 Incorporated and Principal EI 5 I] 5
Defendant (Indicate Citizenship of Parties of Business In Another State
in Item III)
Citizen or Subject of a [I 3 I] 3 Foreign Nation [I 6 I] 6
Forei n Countr
IV. NATURE OF SUIT ' lace an "X" in One Box Onl
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
I] 110 Insurance PERSONAL INJURY PERSONAL INJURY EI 610 Agriculture I] 422 Appeal 28 USC 158 EI 400 State Reapportionment
El 120 Marine I] 310 Airplane El 362 Personal Injury- El 620 Other Food & Drug EI 410 Antitrust
I] 130 Miller Act I] 315 Airplane Product Med. Malpractice EI 625 Drug Related Seizure EI 423 Withdrawal [I 430 Banks and Banking
El 140 Negotiable Instrument Liability I] 365 Personal Injury- of Property 21 USC 28 USC 157 EI 450 Commerce/ICC Rates/etc.
El 150 Recovery of Overpayment El 320 Assault, Libel & Product Liability III 630 Liquor Laws I] 460 Deportation
& Enforcement of Slander El 368 Asbestos Personal EI 640 R.R. & Truck PROPERTY RIGHTS I] 470 Racketeer Influenced and
El ·I!Il§FI\§IiEare Act I] 330 Federal Empl0yers’ Injury Product I] 650 Airline Regs. E 820 C r. hts Corrupt Organizations
El 152 Recovery of Defaulted Liability Liability I] 660 Occupational E 830 Pofitlg I] 810 Selective Service
Student Loans I] 340 Marine PERSONAL PROPERTY Safety/Health D 840 Ta ii 3 k EI 850 Securities/Commodities/
(Excl. Veterans) I] 345 Marine Product I] 370 Other Fraud I] 690 Other ra em r Exchange
El 153 Recovery of Overpayment Liability I] 371 Truth in Lending EI 875 Customer Challenge
nt veteran·e nenente m sso Motor Vehicle I;1 asc Other Personal LABOR SOCIAL SECURITY iz usc 3410
El 160 Stockholders’ Suits El 355 Motor Vehicle Property Damage . I] 891 Agricultural Acts
El 190 Other Contract Product Liability EI 385 Property Damage D 710 Fan- Labor Standards D 861 HIA (1395m EI 892 Economic Stabilization Ac
Act I] 862 Black Lun (923)
I] 195 ContractProductLiability I] 360 Other Personal Injury Product Liability E 7 2 0 h L a b 0 r I M g m t I D 863 DIWC/DN$W (40S(g)) S £:;rj‘i;;'n'ze:;;Ll;la§::s
REAL 1>1zo1>ERTY CIVIL Rrcnrs PRISONER PETITIONS R"'”“°“’ U 864 SSID Ti*I¢ XVI D 8,5 Freedom of
U 7 3 · 0 D 865 RSI (405(g)) Information Act
E] 210 Land Condemnation D 441 Voting D 510 Motions to Vacate Lang/Blgdlldélniigdjiiildhlng I] 900Appcal of Fee
U 220 Foreclosure U 442 Employment Sentence U 740 Railway Labor Act FEDERAL TAX SUITS D°'°'“‘i““"°“ U“d°' _
IZ] 230 Rent Lease & Ejectment III 443 Housing! Habeas Corpus: D 8,/0 T (U S Pl buff Equal Access to Justice
E] 240 Torts to Land Accommodations I] 530 General El 790 Other Labor Litigatio angst. 'nt al D 950 can mum al. of
1:1 245 Tort Product Liabnity m 444 Welfare 1:1 sas Death Penalty °' ° °“ “ ) S “ "I
U 290 AII OIIM RMI I’¤>¤¤*W X 440 Other cmu Rights U s40 Mandarnns & Other U 791 Entnt. Ret. Inc. _ S“"° S"‘°“‘°‘ _
¤ S50 Civil Rights Security Act El 871 gléigglt/1gg9Party I] 890 Other Statutory Actions
IZ] 555 Prison Condition
V‘ ORIGIN (PLACE AN ·=x·· IN ONE Box ONLY) Transferred S%l;l$$*°
X 1 égzlgén D 2 Removed from U 3 Remanded from lj 4 gfmstatcd E 5 ;I;’0Ther district D 6 lVIultidistrict D 7 ·lcII;Ié‘;t?:tI;‘
State Court Appellate Court Reo cmd [S mf I Litigation Jud mem
(Cite the U.S. Civil Statute under which you are tiling and write brief statement of cause.
VI' Do not cite jurisdictional statutes unless diversity.)
This is a civil action under 42 U.S.C. sec. 1983 for compensatory and punitive damages and for injunctive relief for violation of plaintifPs Fourteenth Amendment
ri ht to the privacy of his personal medical information, and for retaliatory violations of laintift"s ri hts to freedom of associaiton, free s eech and to petition the
E P S P
government for redress of grievances under the First Amendment of the U.S. Constitution.
VII. REQUESTED IN EI cnncx IF rms is A CLASS ACTION DEMAND $ CHECK YES only if demanded in ¢<>mpI¤i¤t=
COMPLAINT: UNDER F-R-C-R 23 JURY DEMAND: x ver m No
VHI. RELATED CASE(S) (See
IF ANY instructions): JUDG See Attachment A DOCKET
' E NUMBER

°ATE /2/ "

Case 1 :05-cv-00916-TNO Document 1-2 Filed 12/29/2005 Page 2 of 3
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING {FP JUDGE MAG. JUDGE
JS 44 Reverse (Rev. 3/99)
INSTRUCTIONS FOR ATTORNEYS COMPLET IN G CIVIL COVER SHEET FORM J S-44
Authority For Civil Cover Sheet
The J S-44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers
as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974,
is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk
of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency,
use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then
the official, giving both name and title.
(b.) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides
at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment,
noting in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an
"X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States, are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X” in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to
the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship
of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
III. Residence (citizenship) of Principal Parties. This section of the J S-44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section IV below,
is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one
nature of suit, select the most definitive.
V. Origin. Place an "X" in one of the seven boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When
the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a) Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When
this box is checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause.
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS-44 is used to reference related pending cases if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

Case 1 :05-cv-00916-TNO Document 1-2 Filed 12/29/2005 Page 3 of 3
VIII. Related Case(s) If Any:
Judge: Schwartz Docket Number: C.A. No.99-210-MMS
Judge: Jordan Docket Number: C.A. No.02-1283-KAJ
Judge: Jordan Docket Number: C.A. No.03-999-KAJ
l J udge: Jordan Docket Ntunber: C.A. No. 04- 120 1 -KAJ
Judge: Jordan Docket Number: C.A. No. 04-1211-KAJ
Judge: Jordan Docket Ntunber: C.A. No. 04-1568 -KAJ
I. This present lawsuit is related to the aforementioned suits, in that plaintiffs First
Amendment protected activity partially arises out of the filing and prosecution of these six
lawsuits. .
2. This suit most closely relates to Reyes, etal. v. Freebegg, et al., C.A. No.02-1283-KAJ
(D.Del.), as some of the factual matters at issue arose during the course of that lawsuit and are
currently being litigated therein.
3. Judge Jordan is a factual witness to one of the key matters in this case, which took
place during a teleconference with the Court in the course of the Reyes case. In addition to
giving a deposition, it is expected that Judge Jordan will have to testify at trial. As a result,
Judge Jordan should be recused from this case.
By way of further explanation, Judge J ordan’s name is mentioned in paragraph 45 of the
Complaint. One ofthe central issues in this case is the leak of plaintiff s highly personal, private
and confidential medical infomation to the Delaware media and to members of the general
public. This information became known during a sealed teleconference with the Court during
which the Court also imposed a gag order to bar the parties from discussing the matter with the
media or the public. Plaintiff alleges that the individual defendants then took this information
and circulated it among both the media and the public in violation of the Court’s sealing and gag
orders. I
Plaintiff fully expects that defendants will deny circulating this private and confidential
infomation. As a result, plaintiff will be required to depose each and €V€1'y participant to the
teleconference and pin them down on whether or not they circulated plaintiff s confidential
medical infomation in the media and throughout the general public. This includes Judge Jordan
who presided over and participated in the teleconference. Thus, Judge Jordan will be a material
witness to one of the key events in this case. As a result, he should be recused and the case
assigned to another member of the Court.